The Pensions Regulator v A Admin Ltd & Ors [2014] EWHC 1378 (Ch) (08 May 2014)

The Pensions Regulator v A Admin Ltd & Ors [2014] EWHC 1378 (Ch) (08 May 2014)

The trust deeds governing the schemes are void for uncertainty as they do not provide a method for computing the primary pension, and do not confer a trustee discretion to determine the amount. If valid, the deeds confer a right to a future pension within section 91(1) Pensions Act 1995. Section 91(5) limits the exception for surrenders to cases where new benefits for dependants are provided under the same scheme.

Citation
[2014] EWHC 1378 (Ch)
Parties
Claimant: The Pensions Regulator; First Defendant: A Admin Limited; Second Defendant: Warwick Pensions Administration Limited; Third Defendant: Lincoln Pensions Administration Limited; Fourth Defendant: Baxendale-Walker LLP; Fifth Defendant: Paul Michael Baxendale-Walker
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Civil Pensions Regulatory / Judgment on Preliminary Issues and Applications
Outcome
Preliminary issues determined in favour of the Claimant; applications by Fifth Defendant dismissed; costs awarded to Claimant.
Legal Topics
Certainty of Trusts, Occupational Pension Schemes, Inalienability of Pension Rights, Statutory Interpretation, Restitution, Misuse of Pension Assets
Pensions Law Trusts Law Contract Law Certainty of Trusts Occupational Pension Schemes Inalienability of Pension Rights Statutory Interpretation Restitution +1 more

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Parties

The Pensions Regulator

Claimant

A Admin Limited

First Defendant

Warwick Pensions Administration Limited

Second Defendant

Lincoln Pensions Administration Limited

Third Defendant

Baxendale-Walker LLP

Fourth Defendant

Paul Michael Baxendale-Walker

Fifth Defendant

Procedural Posture

Civil Pensions Regulatory / Judgment on Preliminary Issues and Applications

Legal Issues

  1. 1 Whether the beneficial interests of members under the trust deeds are void for uncertainty ('Certainty Issue')
  2. 2 Whether the trust deeds confer a right to a future pension within the meaning of section 91(1) of the Pensions Act 1995 ('Future Pension Issue')
  3. 3 Whether section 91(5) of the Pensions Act 1995 limits the exclusion from the general prohibition of surrenders to those where new benefits are provided under the same scheme ('Same Scheme Issue')

Ratio Decidendi

The trust deeds governing the schemes are void for uncertainty as they do not provide a method for computing the primary pension, and do not confer a trustee discretion to determine the amount. If valid, the deeds confer a right to a future pension within section 91(1) Pensions Act 1995. Section 91(5) limits the exception for surrenders to cases where new benefits for dependants are provided under the same scheme.

Court Disposition

Preliminary issues determined in favour of the Claimant; applications by Fifth Defendant dismissed; costs awarded to Claimant.

Orders

  • Declaration that the trust deeds are void for uncertainty as to beneficial interests.
  • Declaration that, if valid, the deeds confer a right to a future pension within section 91(1) Pensions Act 1995.